Assembly votes to loosen state wetland protections

It would make building on such lands easier

MADISON – The state Assembly ventured into the contentious waters of wetlands this week, sending to the Senate a bill to roll back regulations designed to avoid or minimize construction on these ecologically important lands.

The legislation has emerged as the biggest battle this year between business and conservation groups, with proponents saying the changes will give more leeway in building while environmentalists have decried the potential impact on flooding and water quality.

The measure, Assembly Bill 547, passed, 58-39, late Thursday.

Assembly Majority Leader Jim Steineke (R-Kaukauna) said the bill was tailored to address a small subset of wetlands that have slowed development, particularly in urban areas.

“We’re talking about a bill where 98% of the protections on wetlands statewide stay in place,” Steineke said.

Democrats countered that the measure would result in the destruction of wetlands important to duck hunters and trappers and exacerbate flooding problems around the state.

“Let me tell you today, this is the worst bill for sportsmen in a generation,” said Rep. Nick Milroy (D-South Range).

The bill heads to the Senate, which like the Assembly is controlled by Republicans. Passage there is expected as that house wraps up its work for the year next month.

Wisconsin is one of only a few states that regulate isolated wetlands, which are estimated to cover about 1 million acres and are regulated by the state Department of Natural Resources. These are wetlands that are not connected to other waterways.

An estimated 4 million additional acres of wetlands in the state are connected to navigable waterways and are regulated by the U.S. Army Corps of Engineers.

Under the bill, wetlands in broadly defined urban areas that are an acre or less would be exempted in most cases from the state permitting process. One exception: If more than 10,000 square feet of wetlands are filled, the owner would have to create wetlands elsewhere.

Also exempted would be wetlands outside urban areas of 3 acres or less, but the property owners would have to re-create wetlands if they filled 1.5 or more acres.

Business groups have had their eye on rolling back the regulations for years.

The state is one of the few that require landowners to undergo a strict permitting process for isolated wetlands that can be costly and time-consuming, they say.

In business’ view, the current rules are overly burdensome and have kept land, for example, in an undeveloped part of a subdivision from being built on. Developers and builders have told lawmakers that the regulations raise construction costs and can fan urban sprawl by pushing development farther away from city centers.

Conservation groups say meadows and depressions with wetland characteristics are pollution filters, serve as wildlife habitat and help provide flood control because of their ability to contain large quantities of water.

State climate statistics show that many areas of Wisconsin and the Upper Midwest have been subjected to increased precipitation in recent decades due to climate change. The loss of wetlands, compounded with increased development, will make some areas more prone to flooding, opponents of the bills say.

Conservation groups say tweaking the law would be a better balance. But business groups say they have pulled back from their initial plans to make wholesale changes to the law.